The Judgement of the Regional Court in Warsaw 21st Division of Labour of 24th June 2019
XXI P 113/18
- The responsibility of the State Treasury under art. 417 § 1 of the Civil Code is based on a tort of public authority – i.e. an unlawful act or omission in the exercise of public authority, the object of which may only be the violation of a specific standard ordering (or prohibiting) specific performance in a given situation. “Unlawfulness” must be understood strictly in accordance with the constitutional depiction of the sources of law (Articles 87-94 of the Polish Constitution). This concept is therefore narrower than the traditional depiction of unlawfulness under civil law which also includes, apart from the violation of legal provisions, the violation of moral and customary standards, defined as “principles of social coexistence” or “good customs”.
- The mere fact that the budget act provides for the average annual wage growth rate in the state budget sector in a certain amount does not impose an obligation to increase the remuneration of the employees of the state budget sector. Regulations providing for wage indexation do not create direct subjective rights but only provide guidelines for further action.
The Regional in Warsaw 21st Division of Labor with the following ruling bench:
Presiding Judge: Grzegorz Kochan, Regional Court Judge
Judges: Małgorzata Kosicka, Regional Court Judge
Dorota Czyżewska, Regional Court Judge
having examined on 10th June 2019, at the hearing the case brought by R. L., the representative of the group which includes: (…) against the State Treasury – the Minister of Interior and Administration for compensation,
decides to:
- reject the statement of claims,
- order R. L. – the representative of the group – to pay the amount of PLN 10.800,00 (ten thousand eight hundred zlotys) to the benefit of the State Treasury – General Counsel to the Republic of Poland as a reimbursement of the costs of legal representation.
